Business Law: Sources of Legislation, Role of Government, and Legal Solutions for Disputes

This report covers the sources of legislation in business law, including primary and secondary sources, delegated legislation, common law, and equity law. It also explains the role of government in law-making and how statutory and common law is applied in the justice courts. The report explores different types of business organizations, including unincorporated and incorporated organizations, and how they are legally formed. It also discusses how business organizations are managed and funded, and the advantages and disadvantages of different types of organizations. Finally, the report recommends legal solutions for resolving disputes using examples to demonstrate how a party might obtain legal advice and support.

Business Law

INTRODUCTION
The Business law is based on the law which is used to make business organization form as per
legal structure of the country. This law is based on different legal perspective which helps government
to protect the project culture. The law also deals with effective working which establish goals and
objectives and achieve more effective business organization. The law will ensure that the organization
which performs activates of business makes establishment full perseverance which does achieve goals
and objective more impact fully. The business law makes many task in business organization which help
in attaining more stability with growth. The Scope of this laws is more wider and this affect business
functions directly. The report covers sources of law, role of government in law making and various
business organizations has been explained and Alternate dispute resolution process with legal solutions
is covered under this report.
MAIN BODY
P1 Explain different Sources of legislation
The Law can be defined as a rule which governs behavior of individual in a civilized society.
The scientific law distinguished from perceiving the material world and which are immutable,
the laws are made by human and this can be changed through intervention of human. The law is
mainly described as primary and secondary law:
Primary source of law:
a) The act done by parliament, order of council, etc. which is known as Legislations.
b) The record of courts which have binding effect, decisions of higher court.
Secondary source of law:
a) The decision of court.
b) Textbook and commentaries.
c) Opinion of legal expert.
The delegated legislation is also named as secondary legislation, this is made by an individual or
body under authority which have in primary legislation. The power is conferred with minister,
with the crown or public bodies. Draft bill is issued for consulting before introducing into
parliament. With this the changes will made before the bill is introduced. All of these bills are
Government bills. The departments of government will produce the draft bill and can issue them
to interested party. This is also considered in committees by MPs and Lords. The common law
is also known as Judge made law, this is a body made by the judges and quasi-judicial tribunals.
The common law develops as precedent. This law was originated in early middle age in the
King’s court. They set up a single royal court for most of the country near London. This do not
consist of substantive rights but procedural remedies. The Equity law comes from Old English
common law, this law supersedes common law when a conflict arises between these two and
none of them can appropriately bring the verdict. Only by virtue of ECA the law of European

Union have effect in UK. The United Kingdom is a member of ECHR which protects Human
Rights of people in country which belongs to council of Europe. For protection from
discrimination in workplace and in society there is Equity act 2010 in UK, this act replaces anti-
discrimination laws. The Health and Safety at work etc. Act 1974 set the general duties which an
employer have towards the employee. The companies act 2006 covers all the aspects of a
company that how a company should run, manage and financed.
P2 Explain the role of government in law-making and how statutory and
common law is applied in the justice courts.
The Statutory law is considered as the permanent law which is made through process applied in
court of trials. For controlling the activities happening in society this law is formed. This law is
also used for legal process for making civil and criminal cases covers relevant law. The common
law is based on principal of common law which makes judgment passing in landmark cases. This
law is used by the courts when the special circumstances arise in statutory laws which fails in
providing the justice.
 Legislative: This is one of the most important structure which is used in law creation of UK.
Legislatives assists in creating statutory legislations making with relevant procedure that has
been accepted by the parliament of UK. This procedure is also called as three reading structure
within which first level involves demonstration of bill by the ruling political party.
 Executive: This is second main crucial structure which support and creating operation of law
possible. The structure consists management authorities. Which has been provide power to
delegate authority. It assists in performing laws with relevant productiveness and strong
intervention.
 Judiciary: This is third most important structure which assists for creating laws generated in high
effective way. They are protector of constitution and fundamental rights that makes judiciary
deal with legality of laws formed.
There are two important laws which are authentic in nature and is acceptable within legal
system of United Kingdom. These laws are used within courts in order to conduct trials they are
statutory and common law has been explained as follows:
Statutory Law: It is considered to be permanent laws which are formed through proper process
applied in trials of courts. These laws are formed in order to control activities taking place in society. This
laws is used within legal process for making civil and criminal cases covered with relevant laws applied.
Common law: These law are based upon common law principles which makes judgements to be
passed in landmark cases. The aspect is based upon analysis of case done in relation over facts and
issues raised within case which make proper judgement passed in relation over case. The laws is used by
courts only when special circumstances arises where statutory laws fails to provide justice in its real
sense.

M1 Evaluate the effectiveness of the legal system in terms of recent reforms and developments.
The Legal system of United Kingdom is depends upon the various prospects which are exist within
the society. In United Kingdom there are two main laws which are used that are civil and criminal
law. In civil law individual are targeted and issues related to them has been solved and in criminal
law all kinds of aspects related to public has been covered. In civil law civil procedure code has
been used and in criminal law criminal procedure code is used. Criminal law deals with cases
related to theft, extortion and murder and in civil law cases related over property, torts and sate
issues are handled.
P3 Using specific examples illustrate how company, employment and contract law has a potential
impact upon business
Impact of employment, company and contract law on business by some examples For forming
legal structure which will help the business organization to run more effectively. Laws used by
company are as explained as-
1-Company Law- They are used for company to attain stability in different aspects of business. It
helps the organization to run its operations more efficiently and effectively. The important
legislation used for organization function application is Company Act 2006. It is used for
formation of memorandum of association and article of association. Duties of director are also
explained which are bound to be follow by them. For developing the understanding the example
used is of BN Ltd. For which formation of organization the article of association and
memorandum of association by the legislation. But sometimes it becomes difficult as legislation
charges some penalties which are due to certain faults or liabilities by the organization. It
increases the charges for the business which leads to reduced profits.
2-Contract Law- They are formed by the formation of agreement between two or more parties.
The law works on different aspects which makes agreement into contract. Agreement becomes
contract by the contract law and expressed and implied in nature. It is based on different
elements like offer acceptance, obligation, legality and validity which helps in validation of
contract in eyes of legal system. The elements are connected to each other so if one element is
missing contract can not be formed. Offer refers to the presentation of idea related to contract.
Another element is acceptance done by parties who are presented with offer.
P4 Explore how different types of business organisations are legally formed
Many business organization exists in UK which helps in operating business in very effective
manner. These organizations are covered under two heads they are Unincorporated and
incorporated organization which has been discussed as follows:
Unincorporated organization: These organization were formed without any hard process which
conduct easy operation. These organization is used in form many organization which operates on small
level. There are mainly two organizations consists which are sole proprietorship and partnership that
has been discussed as follows:
 Sole proprietorship: This organization is commonly used for setting up a business. This is based
on performing many activity easily such as organization which termed as sole business

organization. In this organization there is only single owner who is known as sole proprietor. The
process of Registration is also easy in such organization. When the incorporation is done then
there is no legal. Apart from this in order to its incorporation their positions have no such legal
claims and by the mere registration process of the business in the home of companies, it begins
from Also the unlike and other applications, the owner does not enjoy the prospects of separate
legal entity from his business and hence it get bound to perform all the unlimited debts of the
said company.
 Partnership firm: It is the another form of company in which two or more peoples come
together with the same motive to generate profit. The company has been executing with the
assist of its members. In Formation procedure it involves INHRC number and partnership
agreement which is applicable only when licensing includes lawful components while
establishing business. The main procedure for creation of this application needed which
includes some easy steps it involves the setting up of partnership deed.
Incorporated organization: These firms are depends upon the performance of business
activities at firm level which creates expertise in performance of work within its purposes and procedure
of legal prospects which involves in the firm. The business are created due to difficult procedure. In
which two entities are involved that is private and public sectors. These are described as below:
 Private organization: These are the sectors which are mainly depends upon the performance of
business in respect to the private organization projected activities. They use the name of private
Ltd Company in the end and not share for selling purpose into the market. The firm is created
for gathering all statements and present in front of the Companies House that makes
registration process done in an effective way. This statement necessary to contain the selected
title of the firm, it involves MOA and AOA which includes all the information related to the
address of its main registration office.
 Public organization: These are the sectors which mainly works according to the rules and
obligation which are decided by the government. These kinds of firm use Public Ltd in the end of
their company name and distribute or sold to the public in general. There are some prospects
which includes and helps for generating or attaining stability within its various procedure. It
include various types of statements such as digital signature of all proprietors, partners of
memorandum of association and other crucial statements which need to be gathered. The firms
are necessary to create two administrators and a company secretary. The procedure for the
creation of this application of business needed several points it involves, firstly need to decide
one relevant title in a name of the organization.

P5 Explain how business organisations are managed and funded with advantages
or disadvantage of an organization
Sole proprietorship: Management of such organization is done with the help of owner
owing the business and all activities related to business is handled by them. They holds
responsibility for profit and revenue generation. Then funds are arranged through
personal sources that includes family members and friends.
Partnership firm: These organizations are managed by partners making working done in
more effective manner. All activities taking place within an organization is handled by
partners themselves. Funds for these organizations are arranged by partners themselves in
direct or indirect manner.
Public organization: Managements of these organizations are done by the shareholders
and stakeholders. In this funds is arranged with the help of government institutions,
health programs, community services, restoration programs, public service programs, and
even environmental programs.
M-3 Advantages and disadvantages of formation of different types of business
organisations.
Sole proprietor
Advantage: Decision making is solely in hands of sole proprietor, no intervention from
any other person.
Disadvantage: This type of business organisations have critical drawbacks of limited
capital investment as there is one individual to invest and manage processes.
Partnership
Advantage: As compared to sole proprietor, there are two or more individuals to handle
business and will be expertise in their fields to manage business effectively.
Disadvantage: Being two or more still makes it difficult to invest adequate capital to start
business operations.
Limited liability partnership

Advantage: It most prominent and important benefit is that it provides sources of funds
throughout existence of business.
Disadvantage: The only hurdle in this type of business structure is delay in decision
making process due to disputes and mismatch conclusions
D-2 Review and evaluate types of business organisations.
Limited liability partnership: In this type of partnership either all or few members have
limited liability towards organisation. It consists features of both partnership and
corporation, here negligence of any partner is not liability of any other partner.
Partnership: In such type of organisation two or more partners work together and share
liability and responsibility of organisation. The income generated here is divided and
each partner claim their tax refunds along with organisations tax receipts since it is not
taxed separately.
Sole proprietor: It is easiest form of business run by single person, this is not separate
entity in nature. It means all responsibility and decision making is in the hands of one
person. In here simple registration and can start-up the business.
P6. Recommend legal solutions for resolving a range of disputes using examples to
demonstrate how a party might obtain legal advice and support.
Alternate dispute resolution is a system which helps in solving dispute without court.
This is most effective system which solves cases in more effective manner with this process
burden of courts is reduced. The method of ADR is effective and there are many differences
while comparing the legality. The decision of arbitrator is binding and mediator’s decision in
not legally binding. The decision made by negotiator is also not binding.
This includes various process within that is negotiation, conciliation, mediation and
arbitration. A person is hired for conducting a meeting in negotiation. The conciliation is
applied after negotiation in this the negotiator is hired for discussion of matters. Mediation is
Another process which is used for parties to come at common point of discussion. The last
process is arbitration in this a person is hired as arbitrator and pass judgement. Further its has
been applied in relation over various case scenario which has been given as follows:
M4 Compare and contrast different sources of legal advice and support for dispute resolution.

There are many type of dispute which exists in relation with different cases which makes
two kinds of legal aspects covered while handling dispute. They are explained as follows:
• Legal advice: In this advice is given which makes legal advice attained in relation to
UK’s legal aspect.
• Legal solution: This solution relates to laws which applies in a case this is given by
lawyer or advocate makes fact with issue discussed on a case.
The resolution of dispute is applied for more impactful outcome achieved in relation to
legal advice and legal solution. The case of legal solution applied in ADR which helps for
relevancy in detail analysis possible in legal advice which makes issues to be solved.
D3 Effectiveness of legal solutions, legal advise
The Legal solutions which resolves dispute is provided through dispute resolution panel
which is effective in mediate outcome is provided. The court involves in resolving dispute
the decision of court is binding on parties. When settlement is done with consent of the
parties then decision of the arbitrator is binding.
Conclusion
Business law refer to the Laws formed for making formation of business organization
effectively. They cover various aspects for achieving objectives of business more
effectively. The project explains various sources used for making lawn ina nation. For
making law the different departments of government are involved. Laws used by business
organization for contract formation. incorporation and creation of employees satisfaction is
also mentioned. Company law,contract law, employment law are some of the examples.
Advantages and disadvantages were so explained in brief of various organization. In last the
alternate dispute resolution system is also covered with solutions of law and advice.